School violence cases move through school procedures and criminal and civil proceedings at the same time

School Violence Procedures Matters We Handle

1. Receiving the Report and Confirming the Facts — Initial statements and separation measuresWhen the principal becomes aware of school violence, the principal must have the school violence response team or teachers confirm the facts of the offense and harm without delay. Unless there are special circumstances, such as the victim student objecting, the offender and the victim student must be separated, and the offending student must be ordered not to contact, threaten or retaliate against the victim.Checking the direction of the student's written statement · Confirming the content of separation and emergency measures · Preparing a timeline of the incident · Securing messenger records, photos and medical records · Preparing for interviews with school violence investigators and counselors
2. Resolution by the Principal — Four requirements and the consent of the victim's sideIn a minor case where there is no medical certificate requiring 2 weeks or more of treatment, there was no property damage or it has been restored, the conduct was not continuous, and it was not retaliation, the principal may resolve the case if the victim student and guardians do not want the deliberation committee to be convened.Review of whether the requirements for resolution by the principal are met · Submitting opinions to the response team's review · Considering a relationship restoration program · Arranging the form of settlement and apology
3. School Violence Countermeasures Deliberation Committee — Deliberation at the local office of education and stating opinionsCases not resolved by the principal are deliberated by the committee at the local office of education. Before requesting measures, the committee must give the offending and victim students and their guardians an opportunity to state their opinions, and the superintendent must notify them of the date, place and agenda of the meeting and its result.Review of the case investigation report · Submitting written opinions and evidence · Preparing statements for attending the deliberation · Preparing statements made with guardians present · Organizing mitigating materials on the level of measures
4. After the Measures — School record entries, compliance and challengesThe superintendent's measures are entered in the school violence measures section of the student's school record and, depending on the measure, are deleted upon graduation or kept for 2 or 4 years after graduation. If there is an objection to the measures, an administrative appeal or administrative lawsuit may be filed.Review of the notice of the measures decision · Confirming when entries are made and deleted in the school record · Managing the schedule for completing special education · Considering an administrative appeal or lawsuit

1. Procedure

1. Report and receipt: When school violence is reported to the school, it is received, reported to the principal, and notified to the guardians.
2. Initial measures: Unless there are special circumstances such as the victim student's objection, the principal must separate the offender (including a teacher) and the victim student without delay (proviso to Article 16(1)), and must without delay order the offending student not to contact, threaten or retaliate (No. 2) (Article 17(4)). In urgent cases, a written apology, school service, special education, suspension from attendance or a change of class may be imposed first and then ratified by the deliberation committee (Article 17(5)).
3. Confirming the facts: The response team or teachers confirm the facts (Article 14(4)). The superintendent of education or of the local office of education may appoint school violence investigators and counselors to conduct on-site investigations, hear statements from those involved and request materials (Article 11-2(4)).
4. Review of resolution by the principal: The response team confirms and reviews in writing whether the requirements for resolution by the principal are met, and confirms in writing whether the victim's side wants the deliberation committee convened (Article 13-2(2)).
5. Deliberation by the committee: The deliberation committee established at the local office of education deliberates on the facts and whether to impose measures (Article 12). The superintendent must notify the offending and victim students and their guardians of the meeting date, place and agenda and of the meeting result (Article 13(4)).
6. The superintendent's measures and compliance: Measures against the offending student are taken within 14 days from the date of the request, and protective measures for the victim student within 7 days with the guardians' consent (Article 17(9) and Article 16(3)).

2. Measures Against Offending Students and School Record Entries

Measures are determined by considering the seriousness, continuity and intentionality of the school violence, the offending student's degree of remorse, the possibility of guidance, the degree of reconciliation between the two sides, and whether the victim student has a disability (Article 19 of the Enforcement Decree). Several measures may be imposed together, and if the reason is threats or retaliation, measures Nos. 6 to 9 may be imposed together or aggravated (Article 17(2)). A student who receives measures Nos. 2 to 4 or 6 to 8 must also undergo special education or psychological treatment, and the guardians must also receive education (Article 17(3) and (13)).

3. Main Amendments Since March 1, 2024

• Immediate no-contact order: When the principal becomes aware of school violence, the principal must without delay impose measure No. 2 (prohibition of contact, threats and retaliation) on the offending student (Article 17(4)).
• Emergency measures at the victim's request: If the victim's side requests it, the principal may, after review by the response team, impose suspension from attendance or a change of class, and the suspension may last until the deliberation committee's decision (Article 17(6) and (7)).
• Relationship restoration program: Even in minor cases where the victim's side wants the deliberation committee convened, the principal may recommend a relationship restoration program (Article 13-2(3)).
• Victim participation in challenge procedures: If the offending student's side files an administrative appeal or lawsuit, the victim's side must be informed of it and of how to participate, and the victim's side must be heard before a decision on a stay of execution (Article 17-2(3), Article 17-3(3) and Article 17-4).
• Meeting notices and expert opinions: Notice of the deliberation committee's meeting date, agenda and result (Article 13(4)) and a duty to hear the opinions of counseling and treatment experts at the victim's request (Article 13(5)) were introduced. Under the June 2, 2026 amendment, if the side of a student with a disability requests it, the opinions of special education experts and others must also be heard (Article 16-2(2)).
• School violence investigators and counselors: The January 21, 2025 amendment created the legal basis for investigators and counselors appointed by the superintendent of education or of the local office of education to conduct on-site investigations and question those involved (Article 11-2(4)).

4. How School Procedures Relate to Criminal and Civil Proceedings

• Criminal proceedings: If the same act amounts to assault, injury, insult, a sex crime or similar, an investigation proceeds separately from the school procedure. Persons under 14 are not criminally punished (Article 9 of the Criminal Act), but juveniles aged 10 or older and under 14 may be tried in a protective case before the juvenile division (Article 4 of the Juvenile Act).
• Civil proceedings: The victim's side may claim damages such as medical expenses and compensation for emotional distress. If the offending student lacks the capacity to be held liable, the person responsible for supervision is liable (Article 755 of the Civil Act), and even if the student has that capacity, the guardians may also be liable if there is a substantial causal link between their breach of the duty of supervision and the damage.
• Consistency of statements: The school statement, statements to the deliberation committee and statements to investigative agencies are compared with one another. It is important to separate facts from guesses starting with the very first written statement.

Key Court Decisions

Constitutional Court Decision 2017Hun-Ba140, decided April 11, 2019

The Court held that the relevant part of Article 17(1) of the School Violence Prevention Act, which allows multiple measures to be imposed on an offending student and sets no upper limit on the period of suspension from attendance, does not infringe the freedom to learn.

Supreme Court en banc Decision 93Da13605, decided February 8, 1994

The Court held that even where a minor has the capacity to be held liable and bears tort liability himself or herself, the person responsible for supervision is also liable for damages as an ordinary tortfeasor if the damage has a substantial causal link to that person's breach of duty, and that the burden of proof lies with the party asserting it.

Frequently Asked Questions

Related Legal Guides

School Violence Case Results

Written on the basis of Korean statutes in force (National Law Information Center, Ministry of Government Legislation) and court precedents as of October 20, 2026. Results may differ with amendments to the law or the facts of each case. This page is general information, not legal advice.

Written and reviewed by Attorney Dongwoo Shin — Ph.D. in Law; certified criminal law specialist and certified divorce law specialist registered with the Korean Bar Association. He handles each case personally from consultation to judgment. About the attorney →
Last updated October 20, 2026